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Title: Discussion on the Sashastra Seema Bal Bill, 2007 (Discussion Concluded and Bill Passed)

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Title: Discussion on the Sashastra Seema Bal Bill, 2007 (Discussion Concluded and Bill Passed) > Title: Discussion on the Sashastra Seema Bal Bill, 2007 (Discussion concluded and Bill Passed). MR. SPEAKER: Now, the House will take up item no. 10, the Sashastra Seema Bal Bill, 2007. Hon. Minister please. THE MINISTER OF HOME AFFAIRS (SHRI SHIVRAJ V. PATIL): Mr. Speaker, Sir, I beg to move* : "That the Bill to provide for the constitution and regulation of an armed force of the Union for ensuring the security of the borders of India and for matters connected therewith, as passed by Rajya Sabha, be taken into consideration. " The Special Services Bureau, now Sashastra Seema Bal, was raised in 1963 under the Cabinet Secretariat in the backdrop of Chinese aggression. The organization was initially functional in the regions of the then North-East Frontier, North Assam, North Bengal, hills of Uttar Pradesh, Himachal Pradesh and Jammu. Subsequently, its activities were extended to other areas in Manipur, Tripura, Meghalaya, Sikkim, Rajasthan, Gujarat, Mizoram, South Bengal, Nagaland and some areas of Jammu and Kashmir between 1965 and 1991. The SSB was initially assigned "Stay Behind Role" wherein the non-uniformed Area Wing was primarily responsible for organizing, planning and execution of the assigned tasks and the uniformed wing was providing administrative and logistic support for the same. On 15th January, 2001, the control of the SSB was transferred to the Ministry of Home Affairs, in pursuance of the recommendations of the Group of Ministers on reforming the National Security System. The Ministry of Home Affairs entrusted to the SSB the role of guarding Indo-Nepal border, stretching over 1,751 kms.[MSOffice14] * Moved with the recommendation of the President On 12th March, 2004, the Ministry has further assigned the task of guarding Indo-Bhutan Border to the SSB, stretching over 699 kilometres. The SSB seeks to achieve these objectives by policing the border through armed combatized wing which has been re- structured into 41 Battalions. The organizational structure, sphere of responsibilities and role of Sashastra Seema Bal (SSB) has undergone a considerable change over a period of time. The Force has expanded both in size and responsibility. At present, the SSB is performing the Border Guarding duties on Indo-Nepal and Indo-Bhutan borders through its Armed combatized wing with the following objectives:- 1. to promote a sense of security among the people living in the border areas; 2. to prevent trans-border crimes and unauthorized entry into or exit from the territory of India; and 3. to prevent smuggling and any other illegal activities. The organizational structure and sphere of responsibility of the SSB have undergone a qualitative change since its inception in 1963. The role and duties entrusted to it as a Border Guarding Force (BGF) on Indo Nepal Border and Indo Bhutan Border have necessitated enactment of a comprehensive legislation to be called the Sashastra Seema Bal Act, on the lines of similar Acts for other Border guarding Forces especially the Indo-Tibetan Border Police Force (ITBPF) Act which is the latest Act of a Border guarding Force on account of the following factors:- 1. to lend statutory backing to the Organization/Force and clothe it with a separate and independent identity at par with other Border Guarding Forces; 2. to dispense with the existing arrangement of extending selective applicability of the provisions of the CRPF Act 1949 to SSB personnel and to introduce uniformity by enacting a separate comprehensive legislation for the SSB; 3. to reinforce superintendence, guidance and control for effective operational efficiency and management of the Forces to achieve its organizational objectives as a border guarding force; and 4. to pave way for cohesive organizational structure as also to provide for a set of rules, methods and procedures in matters of discipline and performance. The following are the salient features of the proposed legislation:- 1. Constitution of the Sashastra Seema Bal as an Armed Force of the Union with provisions for control, direction and service conditions of the Force personnel. 2. The details as regards the constitution of the Force and conditions of service of its members and the powers of the Director General, SSB, are incorporated in Chapter II (clauses 4 to 15). 3. Bringing under purview of the proposed Bill all persons appointed (whether on deputation or in any other manner) in the Force, namely:- (i) Officers and subordinate officers; and (ii) Under-Officers and other personnel so enrolled. 4. Constitution of the SSB Force Courts and provision for the powers, processes and procedures to be followed, and the penalties which can be imposed are contained in Chapters III and IV (Clauses 16 to 60) and Chapter VII to IX (Clauses 76 to 132) of the proposed legislation. Death penalty has been stipulated for certain grave categories of offences (Clauses 16 and 17).[a15] Out of 11 Chapters in this Bill, Chapter 2 relates to the Constitution of the Force and conditions of service of the members of the Force. Chapters 3 and 4 deal with the Offences and Punishments. Chapter 5 deals with the Deductions from Pay and Allowances of the persons subject to the Act. Chapter 6 deals with the Arrest and Proceedings before trial of the persons subject to the Act. Chapters 7, 8 and 9 deal with the Force Courts, Procedure of Force Courts and Confirmations and Revision of Proceedings of Force Courts. Chapter 10 deals with Execution of Sentences, Pardons, Remissions etc. and Chapter 11 deals with the Powers and Duties, Protection for acts done by members of the Force. The Sashastra Seema Bal in existence at the commencement of this Act, shall be deemed to be a Force constituted under this Act and the members of the Sashastra Seema Bal in existence at the commencement of this Act shall be deemed to have been appointed or as the case may be enrolled under this Act. Moreover, anything done or any action taken before the commencement of this Act in relation to the constitution of Sashastra Seema Bal in relation to any person appointed or enrolled as the case may be shall be as valid and as effective in law as if such thing or action was done or taken under this Act. However, nothing shall render any person guilty of any offence in respect of anything done or omitted to be done before the commencement of this Act. All expenses incurred concerning the administration of this Force would be met from the 'Consolidated Fund of India'. As the Force has already been constituted, no additional expenditure of non-recurring nature is likely to be involved when this Bill is enacted and brought into force. The Sashastra Seema Bal Bill, 2007, has been passed by the Rajya Sabha on 28.11.2007. With these words, Sir, I commend this Bill to this august House for consideration and approval. MR. SPEAKER: Shri Tapir Gao to speak now. SHRI TAPIR GAO (ARUNACHAL EAST): Hon.Speaker, Sir, I seek your permission to speak from here. MR. SPEAKER: Do you not like your own seat? SHRI TAPIR GAO : Sir, at the outset, I would like to say that the Sashastra Seema Ball Bal, 2007 is a very important Bill and I am here to support this Bill. But I have got a lot of views on this Bill. I would like to highlight them in this connection. 12.44 hrs. (Shri Arjun Sethi in the Chair) Sir, I salute the services of the SSB. As has rightly been pointed out by the hon. Home Minister at the outset, this organization, SSB − earlier, it was called as the Special Service Bureau which was formed in 1963 − was to inculcate a sense of security in the border areas and the citizens of the NEFA − the North-East Frontier Agency, which is today called Arunachal Pradesh after the 1962 aggression. Proudly, the people of Arunachal Pradesh can say that only because of the SSB's services, they are calling Jai Hind in all the remotest corners of Arunachal Pradesh. The SSB, in those days, was well organized and the initial role of the SSB in NEFA was very unique and its salient features were to provide humanitarian assistance, to maintain integrity and to provide security to the nation and the people. I have gone through the Bill. Luckily, I am in the Standing Committee on Home Affairs. So, I have got access to this Bill. Hence, I would like to point out that the initial role of the SSB of 1963 was to inculcate a sense of security among the border people and subsequently it has been changed. But I have some fear. I would like to draw the attention of the hon. Minister and the Government of India and I would like to make a mention of the Padmanabiah Committee's recommendations of 1999 also. [R16] I fear if I am not wrong, I would like to get the reply from the Home Minister regarding the salient features of the role of SSB today. In the initial stages, the role of SSB was to inculcate a sense of security and spirit of resistance in the border populace and perform "Stay Behind" role during enemy invasion or occupation, promoting national awareness and security consciousness among the people of the border areas, generating mass support in the border areas through National Integration Programme and welfare activities and countering enemy propaganda through psychological operations and awareness campaigns. Now, as the hon. Home Minister has rightly pointed out, I think now it is limited to only three points. They are to promote a sense of security among the people living in the border area; to prevent trans-border crimes and unauthorised entry into or exit from the territory of India; and to prevent smuggling and any other illegal activities on the border.
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